City of Memphis worker claims discrimination in loss of unborn child

A woman working for the City of Memphis Vehicle Inspection Bureau is suing the city, claiming that her managers failed to move her to a position where she didn't have to breathe car fumes when she became pregnant last year, though her doctor requested the move.

The 30-year-old woman, Jamaica Cartwright, lost her unborn child in May, according to the lawsuit filed in federal court on Friday.

City officials were not yet aware of the lawsuit and don't comment on pending litigation, Mary Cashiola, a spokesperson for the city, said Monday.

Cartwright, who contends that the city discriminated against her on the basis of gender and pregnancy, is seeking at least $500,000 in damages.

She learned that she was pregnant last year in mid-October and on Oct. 31, 2011, received a physician's note with a request: "Patient is unable to work around car exhaust fumes. Please move her to another work position," according to documents filed with the lawsuit.

Cartwright gave the physician's note to a supervisor, but was told that other pregnant employees had not had a problem with car exhaust, the lawsuit contends. The lawsuit says other positions were available and that other employees had been accommodated before. She filed a charge of sex discrimination with the Equal Employment Opportunity Commission last Nov. 29.

In a response to the EEOC charge, city officials contended that all available accommodations, including time off, were provided. An injured employee had been provided a temporary administrative post in an office, as Cartwright requested, but no such vacancy was available, city officials reported to the federal agency.

Cartwright was reassigned to motor vehicle inspections after being hired in June 2006 as an animal care technician, according to the lawsuit. Her 2011 annual pay was listed at about $34,000.

The federal lawsuit names Cartwright and the father, Doylan Cheeks, as plaintiffs and was filed by two Memphis attorneys, Paul Craig and Daniel Lofton.